Precedent - Vary Release Order: Difference between revisions

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{{HeaderTemplates}}
{{HeaderTemplates}}
{{Precedent Terms of Use}}
{{Precedent Terms of Use}}
==Application to Vary Release==
==Notice==
{|class="wikitable" style="width: 650px; background-color:white"
{|class="wikitable" style="width: 650px; background-color:white"
! NOTICE OF APPLICATION  
! NOTICE OF APPLICATION  
Line 8: Line 8:
{{Style of Cause (Defence Application)}}
{{Style of Cause (Defence Application)}}


{{TITLE|NOTICE OF APPLICATION|(Variation of [Recognizance or undertaking] Pursuant to Section [x] of the ''Criminal Code'')}}
{{TITLE|NOTICE OF APPLICATION|(Variation of [release order or undertaking] Pursuant to Section [x] of the ''Criminal Code'')}}


{{WHEREAS Charges}}
{{WHEREAS Charges}}


'''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].
{{I-Start}}'''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].{{I-End}}


{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}}
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}}
Line 20: Line 20:
# Any additional grounds as counsel may advise and this Honourable Court may permit.
# Any additional grounds as counsel may advise and this Honourable Court may permit.


'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''
{{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}}


# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
Line 26: Line 26:
# Any additional evidence as counsel may advise and this Honourable Court may permit.
# Any additional evidence as counsel may advise and this Honourable Court may permit.


'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}}


# An Order for [describe the type of order and terms of the order]
# An Order for [describe the type of order and terms of the order]


'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''
{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}


In accordance with the appropriate Rules of Court,  
In accordance with the appropriate Rules of Court,  
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|}
|}


{|class="wikitable" style="width: 650px; background-color:white"
<gdoc id="xx" width="750" height="1000" />
! AFFIDAVIT
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Defence Application)}}
 
{{TITLE|AFFIDAVIT OF [AFFIANT NAME]|}}
 
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
 
# I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
# ...
 
{{SwornSignature}}
 
{{InternalCode}}
|-
|}


==Application to Vary Sentence Order==
==Affidavit==
 
; Probation
{|class="wikitable" style="width: 650px; background-color:white"
{|class="wikitable" style="width: 650px; background-color:white"
! NOTICE OF APPLICATION
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Defence Application)}}
{{TITLE|NOTICE OF APPLICATION|(Variation of Probation Order Pursuant to Section 732.2 of the ''Criminal Code'')}}
{{WHEREAS Charges}}
'''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}}
# [grounds consisting of reasons for granting the relief and alleged facts]
# ...
# Any additional grounds as counsel may advise and this Honourable Court may permit.
'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# ...
# Any additional evidence as counsel may advise and this Honourable Court may permit.
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
# An Order for [describe the type of order and terms of the order]
'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''
In accordance with the appropriate Rules of Court,
{{CounselAddress}}
{{DATED}}
{{CounselSignature}}
{{InternalCode}}
|}
{|class="wikitable" style="width: 650px; background-color:white"
! AFFIDAVIT
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Defence Application)}}
{{TITLE|AFFIDAVIT OF [AFFIANT NAME]|}}
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
# I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
# ...
{{SwornSignature}}
{{InternalCode}}
|-
|}
{|class="wikitable" style="width: 650px; background-color:white"
! NOTICE OF APPLICATION
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Defence Application)}}
{{TITLE|NOTICE OF APPLICATION|(Variation of conditional sentence order pursuant to Section 742.4 of the ''Criminal Code'')}}
{{WHEREAS Charges}}
'''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].
{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}}
# [grounds consisting of reasons for granting the relief and alleged facts]
# ...
# Any additional grounds as counsel may advise and this Honourable Court may permit.
'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''
# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
# ...
# Any additional evidence as counsel may advise and this Honourable Court may permit.
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
# An Order for [describe the type of order and terms of the order]
'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''
In accordance with the appropriate Rules of Court,
{{CounselAddress}}
{{DATED}}
{{CounselSignature}}
{{InternalCode}}
|-
! AFFIDAVIT
! AFFIDAVIT
|-
|-
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|-
|-
|}
|}
<gdoc id="xx" width="750" height="1000" />

Latest revision as of 10:16, 27 April 2021

PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notice

NOTICE OF APPLICATION

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
 COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent



NOTICE OF APPLICATION
(Variation of [release order or undertaking] Pursuant to Section [x] of the Criminal Code)



WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].

THE APPLICANT RELIES ON THE FOLLOW GROUNDS

  1. [grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. An Order for [describe the type of order and terms of the order]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

In accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: [email protected]

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.


_________________________________
[Counsel's name]
[Counsel's title]

[Internal File Coding]

<gdoc id="xx" width="750" height="1000" />

Affidavit

AFFIDAVIT

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
 COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent



AFFIDAVIT OF [AFFIANT NAME]
'



I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

  1. I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
  2. ...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding]

<gdoc id="xx" width="750" height="1000" />

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